Response to “counter-motion”…

[ProSeDadinMD]

What is the name of your state? MD

On the day of my scheduling hearing I received a copy of …her … motion to modify custody from her lawyer(funny though, I’ve not received the copy that was supposedly mailed to me on 1/18/07).

I’ve got my response mostly together, but have a question. I’m not really sure how to answer the portions where …she … is stating what she wants modified.

Oh yeah, btw, …she … wants me to communicate with her through her lawyer, and her lawyer stated by email that he is basically unwilling to correspond with me because I am pro se .

 

[CJane]

Well, do you NEED to communicate w/her? You really only need to file your response - I don't see where that requires communication w/either the ex or her attorney. Neither of them are obligated to speak w/ you.

What does her request for modification say?

 

[ProSeDadinMD]

No, I don't need to communicate with her/them. I just found it odd.

The 2 parts that I am having trouble with are:

1. That I should be "permitted to have vacation periods every summer" with my daughter, "but not so she can live at his house and be cared for by a stranger". I should take "real vacations" with my daughter, such as "taking her to the beach, to visit relatives, or on other outings."

And,

2. That I should be "provided 30 days vacation time" during school breaks every year, and that the "should be based on one week each in alternating years for Christmas and Spring breaks, as well as 3 weeks in the summer, and alternating years for Thanksgiving". Also, that ...she ...would have "weekend visitation" during 2 of the 4 weeks "unless he actually goes out of town" during "his vacation period."

Thanks again...

 

[fairisfair]

I would just respond with something like:

1. Parenting time, all decisions and arrangements for care shall be at the discretion of the parent during all periods of visitation.

2. All periods of vacation shall be uninterrupted regardless of the location of the child and parent during those times.

then use that smiley, you know the one with the

 

[CJane]

No, I don't need to communicate with her/them. I just found it odd.

The 2 parts that I am having trouble with are:

1. That I should be "permitted to have vacation periods every summer" with my daughter, "but not so she can live at his house and be cared for by a stranger". I should take "real vacations" with my daughter, such as "taking her to the beach, to visit relatives, or on other outings."

Ahem. BITE ROCKS.

Or, YOU (petitioner or respondent) shall have the right to determine how to spend his custodial periods with the minor child, including all trips and activities.

2. That I should be "provided 30 days vacation time" during school breaks every year, and that the "should be based on one week each in alternating years for Christmas and Spring breaks, as well as 3 weeks in the summer, and alternating years for Thanksgiving". Also, that ...she ...would have "weekend visitation" during 2 of the 4 weeks "unless he actually goes out of town" during "his vacation period."

YOU shall have 2 uninterupted 2 week periods each summer, with not less than 2 weeks between each period of uninterrupted time. YOU shall inform HER of the times you will exercise your custodial periods not later than May 1 of each year. SHE shall also be allowed 2 uninterrupted 2 week periods w/the child during the summer months and shall inform you of such dates not later than May 15 of each year. She shall not choose dates that conflict with the ones you provided.

During the remainder of the summer, the visitation schedule shall remain unchanged.

 

[ProSeDadinMD]

Ahem. BITE ROCKS.

Ooooohhhhh, if only I could...

Thanks very much for the replies